In re Fountain Trust v [2005] JLR 359 (20 July 2005)

In re Fountain Trust v [2005] JLR 359 (20 July 2005)

Comity and fairness may require the Jersey court to vary a Jersey trust to give effect to a foreign matrimonial financial provision order, but the court is generally reluctant to enforce such foreign judgments unless necessary to prevent injustice.

Citation
[2005] JLR 359
Parties
Trustee: Fountain Trust
Jurisdiction
Jersey
Judgment Date
20 July 2005
Procedural Posture
Trust Variation Application / Judgment
Outcome
guidance on enforcement of foreign matrimonial orders against Jersey trusts
Legal Topics
Variation of Trusts, Enforcement of Foreign Judgments, Matrimonial Financial Provision
Trust Law Family Law Variation of Trusts Enforcement of Foreign Judgments Matrimonial Financial Provision

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Parties

Fountain Trust

Trustee

Procedural Posture

Trust Variation Application / Judgment

Legal Issues

  1. 1 Whether a Jersey court should vary a Jersey trust to give effect to a financial provision order made in foreign matrimonial proceedings
  2. 2 Whether comity requires enforcement of a foreign judgment varying a Jersey trust or declaring it a sham

Ratio Decidendi

Comity and fairness may require the Jersey court to vary a Jersey trust to give effect to a foreign matrimonial financial provision order, but the court is generally reluctant to enforce such foreign judgments unless necessary to prevent injustice.

Court Disposition

guidance on enforcement of foreign matrimonial orders against Jersey trusts